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Sexual Offences Act 2003

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Section 80

SCHEDULE 3E+W+S+N.I.Sexual offences for purposes of Part 2

This schedulenoteType=Explanatory Notes has no associated

England and WalesE+W+S+N.I.

1An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).E+W+S+N.I.

2An offence under section 5 of that Act (intercourse with girl under 13).E+W+S+N.I.

3An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.E+W+S+N.I.

4An offence under section 10 of that Act (incest by a man), if the victim or (as the case may be) other party was under 18.E+W+S+N.I.

5An offence under section 12 of that Act (buggery) if—E+W+S+N.I.

(a)the offender was 20 or over, and

(b)the victim or (as the case may be) other party was under 18.

6An offence under section 13 of that Act (indecency between men) if—E+W+S+N.I.

(a)the offender was 20 or over, and

(b)the victim or (as the case may be) other party was under 18.

7An offence under section 14 of that Act (indecent assault on a woman) if—E+W+S+N.I.

(a)the victim or (as the case may be) other party was under 18, or

(b)the offender, in respect of the offence or finding, is or has been—

(i)sentenced to imprisonment for a term of at least 30 months; or

(ii)admitted to a hospital subject to a restriction order.

8An offence under section 15 of that Act (indecent assault on a man) if—E+W+S+N.I.

(a)the victim or (as the case may be) other party was under 18, or

(b)the offender, in respect of the offence or finding, is or has been—

(i)sentenced to imprisonment for a term of at least 30 months; or

(ii)admitted to a hospital subject to a restriction order.

9An offence under section 16 of that Act (assault with intent to commit buggery), if the victim or (as the case may be) other party was under 18.E+W+S+N.I.

10An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).E+W+S+N.I.

11An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child).E+W+S+N.I.

12An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under 16 to have incestuous sexual intercourse).E+W+S+N.I.

13An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), if the indecent photographs or pseudo-photographs showed persons under 16 and—E+W+S+N.I.

(a)the conviction, finding or caution was before the commencement of this Part, or

(b)the offender—

(i)was 18 or over, or

(ii)is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

14An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16 and—E+W+S+N.I.

(a)the conviction, finding or caution was before the commencement of this Part, or

(b)the offender—

(i)was 18 or over, or

(ii)is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

15An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child), if the indecent photographs or pseudo-photographs showed persons under 16 and—E+W+S+N.I.

(a)the conviction, finding or caution was before the commencement of this Part, or

(b)the offender—

(i)was 18 or over, or

(ii)is sentenced in respect of the offence to imprisonment for a term of at least 12 months.

16An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.E+W+S+N.I.

17An offence under section 1 or 2 of this Act (rape, assault by penetration).E+W+S+N.I.

18An offence under section 3 of this Act (sexual assault) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

19An offence under any of sections 4 to 6 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).E+W+S+N.I.

20An offence under section 7 of this Act (sexual assault of a child under 13) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

21An offence under any of sections 8 to 12 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).E+W+S+N.I.

22An offence under section 13 of this Act (child sex offences committed by children or young persons), if the offender is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.E+W+S+N.I.

23An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.

24An offence under section 15 of this Act (meeting a child following sexual grooming etc).E+W+S+N.I.

25An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the offender, in respect of the offence, is or has been—E+W+S+N.I.

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

26An offence under section 25 or 26 of this Act (familial child sex offences) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

27An offence under any of sections 30 to 37 of this Act (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).E+W+S+N.I.

28An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if —E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment,

(ii)detained in a hospital, or

(iii)made the subject of a community sentence of at least 12 months.

29An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

[F129AAn offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

29BAn offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

29CAn offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.]

30An offence under section 61 of this Act (administering a substance with intent).E+W+S+N.I.

31An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit a sexual offence) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the intended offence was an offence against a person under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

32An offence under section 64 or 65 of this Act (sex with an adult relative) if —E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)detained in a hospital.

33An offence under section 66 of this Act (exposure) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

34An offence under section 67 of this Act (voyeurism) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

35An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)detained in a hospital.

[F235AAn offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—E+W+N.I.

(a)was 18 or over, and

(b)is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

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Amendments (Textual)

[F335BAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—E+W+S+N.I.

(a)was 18 or over, and

(b)is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

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Amendments (Textual)

ScotlandE+W+S+N.I.

36Rape [F4at common law].E+W+S+N.I.

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Amendments (Textual)

37Clandestine injury to women.E+W+S+N.I.

38Abduction of woman or girl with intent to rape.E+W+S+N.I.

[F538AAbduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 9).S

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Amendments (Textual)

38BAbduction with intent to commit rape under section 18 (rape of a young child) of that Act.]S

39Assault with intent to rape or ravish.E+W+S+N.I.

[F639AAssault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act 2009.S

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Amendments (Textual)

39BAssault with intent to commit rape under section 18 (rape of a young child) of that Act.]S

40Indecent assault.E+W+S+N.I.

41Lewd, indecent or libidinous behaviour or practices.E+W+S+N.I.

[F741APublic indecency if—E+W+S+N.I.

(a)a person (other than the offender) involved in the offence was under 18, and

(b)the court determines that there was a significant sexual aspect to the offender's behaviour in committing the offence.]

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Amendments (Textual)

42E+W+S+N.I.

[F8Shameless indecency, if a person (other than the offender) involved in the offence was under 18.]

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Amendments (Textual)

43Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.E+W+S+N.I.

44An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.E+W+N.I.

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Extent Information

E1This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

44An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if S

[F49(a)the prohibited goods included indecent photographs or pseudo-photographs of persons under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.]

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Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

[F944AAn offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—S

(a)the offender—

(i)was 18 or over, and

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and

(b)in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.]

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Amendments (Textual)

45An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children) [F10 if—E+W+S+N.I.

(a)the child was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph]

.

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Amendments (Textual)

46An offence under section 52A of that Act (possession of indecent images of children) [F11 if—E+W+S+N.I.

(a)the child was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph]

.

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Amendments (Textual)

47An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).E+W+S+N.I.

48An offence under section 107 of that Act (protection of patients).E+W+S+N.I.

49An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the offence was under 18.E+W+S+N.I.

50An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender) involved in the offence was under 18.E+W+S+N.I.

51An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).E+W+S+N.I.

52An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an offence in contravention of subsection (3) of that section where the offender was under 20.E+W+S+N.I.

53An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).E+W+S+N.I.

54An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).E+W+S+N.I.

55An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).E+W+S+N.I.

56An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant.E+W+S+N.I.

57An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.E+W+S+N.I.

58An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).E+W+S+N.I.

59An offence under section 313(1) of that Act (persons providing care services: sexual offences).E+W+S+N.I.

[F1259AAn offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)(meeting a child following certain preliminary contact) if—E+W+S+N.I.

(a)the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

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Amendments (Textual)

59BAn offence under section 9 of that Act (paying for sexual services of a child), if—E+W+S+N.I.

(a)the victim or (as the case may be) other party was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

59CAn offence under any of sections 10 to 12 of that Act, if—E+W+S+N.I.

(a)the provider of sexual services or (as the case may be) person involved in pornography was under 16 and the offender—

(i)was 18 or over, or

(ii)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.]

[F1359DAn offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape).S

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Amendments (Textual)

59EAn offence under section 2 of that Act (sexual assault by penetration).S

59FAn offence under section 3 of that Act (sexual assault).S

59GAn offence under section 4 of that Act (sexual coercion).S

59HAn offence under section 5 of that Act (coercing a person into being present during a sexual activity).S

59IAn offence under section 6 of that Act (coercing a person into looking at a sexual image).S

59JAn offence under section 7(1) of that Act (communicating indecently).S

59KAn offence under section 7(2) of that Act (causing a person to see or hear an indecent communication).S

59LAn offence under section 8 of that Act (sexual exposure) if—S

(a)the offender, in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital, or

(b)the offender was 18 or over and the victim was under 18.

59MAn offence under section 9 of that Act (voyeurism).S

59NAn offence under section 11 of that Act (administering a substance for sexual purposes).S

59OAn offence under section 18 of that Act (rape of a young child).S

59PAn offence under section 19 of that Act (sexual assault on a young child by penetration).S

59QAn offence under section 20 of that Act (sexual assault on a young child).S

59RAn offence under section 21 of that Act (causing a young child to participate in a sexual activity).S

59SAn offence under section 22 of that Act (causing a young child to be present during a sexual activity).S

59TAn offence under section 23 of that Act (causing a young child to look at a sexual image).S

59UAn offence under section 24(1) of that Act (communicating indecently with a young child).S

59VAn offence under section 24(2) of that Act (causing a young child to see or hear an indecent communication).S

59WAn offence under section 25 of that Act (sexual exposure to a young child).S

59XAn offence under section 26 of that Act (voyeurism towards a young child).S

59YAn offence under section 28 of that Act (having intercourse with an older child) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZAn offence under section 29 of that Act (engaging in penetrative sexual activity with or towards an older child) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZAAn offence under section 30 of that Act (engaging in sexual activity with or towards an older child) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZBAn offence under section 31 of that Act (causing an older child to participate in a sexual activity) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZCAn offence under section 32 of that Act (causing an older child to be present during a sexual activity) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZDAn offence under section 33 of that Act (causing an older child to look at a sexual image) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZEAn offence under section 34(1) of that Act (communicating indecently with an older child) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZFAn offence under section 34(2) of that Act (causing an older child to see or hear an indecent communication) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZGAn offence under section 35 of that Act (sexual exposure to an older child) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZHAn offence under section 36 of that Act (voyeurism towards an older child) if the offender—S

(a)was 18 or over, or

(b)in respect of the offence, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)admitted to a hospital.

59ZIAn offence under section 37(1) of that Act (engaging while an older child in sexual conduct with or towards another older child) if, in respect of the offence, the offender is or has been—S

(a)sentenced to a term of imprisonment, or

(b)admitted to a hospital.

59ZJAn offence under section 37(4) of that Act (engaging while an older child in consensual sexual conduct with another older child) if, in respect of the offence, the offender is or has been—S

(a)sentenced to a term of imprisonment, or

(b)admitted to a hospital.

59ZKAn offence under section 42 of that Act (sexual abuse of trust) where (either or both)—S

(a)the offender is 20 or over,

(b)the condition set out in section 43(6) of that Act is fulfilled.

59ZLAn offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person).]S

60An offence in Scotland other than is mentioned in paragraphs 36 to [F1459ZL] if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender’s behaviour in committing the offence.E+W+S+N.I.

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Amendments (Textual)

Northern IrelandE+W+S+N.I.

61Rape.E+W+S+N.I.

62An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

63An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

64An offence under section 61 of that Act (buggery) if—E+W+S+N.I.

(a)the offender was 20 or over, and

(b)the victim or (as the case may be) other party was under 18.

65An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 18, and the offender —E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

66An offence under section 62 of that Act of indecent assault upon a male person if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

67An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

68An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

69An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14 if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

70An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if the offender was 20 or over.E+W+S+N.I.

71An offence under section 7 of that Act (abduction of girl under 18) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

72An offence under section 11 of that Act (homosexual offences) if—E+W+S+N.I.

(a)the offender was 20 or over, and

(b)the victim or (as the case may be) other party was under 18.

73An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), if —E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim or (as the case may be) other party was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment, or

(b)detained in a hospital.

74An offence under section 2 of that Act (incest by females), if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim or (as the case may be) other party was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment, or

(b)detained in a hospital.

75An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

76An offence under section 22 of that Act (indecent conduct towards a child) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

77An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

78An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16, and the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

79An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

80An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).E+W+S+N.I.

81An offence under Article 123 of that Order (offences against patients) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment,

(ii)detained in a hospital, or

(iii)made the subject of a community sentence of at least 12 months.

82An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

83An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender, in respect of the offence or finding, is or has been—E+W+S+N.I.

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

84An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—E+W+S+N.I.

(a)the offender was 20 or over, and

(b)the victim or (as the case may be) other party was under 17.

85An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18 and the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

86An offence under Article 21 of that Order (indecent assault upon a male) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

87An offence under section 15 of this Act (meeting a child following sexual grooming etc.).E+W+S+N.I.

88An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—E+W+S+N.I.

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

89An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case may be) other party was under 17 and the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months.

[F1589AAn offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the offender –E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

89BAn offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography) if the offender –E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

89CAn offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if the offender –E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.]

90An offence under section 66 of this Act (exposure) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

91An offence under section 67 of this Act (voyeurism) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

92An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse) if —E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)detained in a hospital.

[F16[F1792B]An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).E+W+S+N.I.

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Amendments (Textual)

[F1892C]An offence under Article 7 of that Order (sexual assault) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(aa)sentenced to a term of imprisonment,

(bb)detained in a hospital, or

(cc)made the subject of a community sentence of at least 12 months.

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Amendments (Textual)

[F1992D]An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).E+W+S+N.I.

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Amendments (Textual)

[F2092E]An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F2192F]An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to engage in sexual activity, sexual offences against children committed by adults).E+W+S+N.I.

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Amendments (Textual)

[F2292G]An offence under Article 20 of that Order (sexual offences against children committed by children or young persons), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.E+W+S+N.I.

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Amendments (Textual)

F22Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(3)}

[F2392H]An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against a child) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F2492I]An offence under Article 22 of that Order (meeting a child following sexual grooming etc).E+W+S+N.I.

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Amendments (Textual)

[F2592J]An offence under any of Articles 23 to 26 of that Order (abuse of a position of trust) if the offender, in respect of the offence, is or has been—E+W+S+N.I.

(a)sentenced to a term of imprisonment,

(b)detained in a hospital, or

(c)made the subject of a community sentence of at least 12 months.

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Amendments (Textual)

[F2692K]An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F2792L]An offence under Article 37 (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F2892M]An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F2992N]An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F3092O]An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender—E+W+S+N.I.

(a)was 18 or over, or

(b)is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

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Amendments (Textual)

[F3192P]An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).E+W+S+N.I.

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Amendments (Textual)

[F3292Q]An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental disorder) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment,

(ii)detained in a hospital, or

(iii)made the subject of a community sentence of at least 12 months.

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Amendments (Textual)

F32Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(3)}

[F3392R]An offence under Article 65 of that Order (administering a substance with intent).E+W+S+N.I.

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Amendments (Textual)

[F3492S]An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to commit a sexual offence) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the intended offence was an offence against a person under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(aa)sentenced to a term of imprisonment,

(bb)detained in a hospital, or

(cc)made the subject of a community sentence of at least 12 months.

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Amendments (Textual)

F34Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21, para. 62(3)}

[F3592T]An offence under Article 68 or 69 of that Order (sex with an adult relative) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)detained in a hospital.

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Amendments (Textual)

[F3692U]An offence under Article 70 of that Order (exposure) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(aa)sentenced to a term of imprisonment,

(bb)detained in a hospital, or

(cc)made the subject of a community sentence of at least 12 months.

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Amendments (Textual)

[F3792V]An offence under Article 71 of that Order (voyeurism) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case—

(i)the victim was under 18, or

(ii)the offender, in respect of the offence or finding, is or has been—

(aa)sentenced to a term of imprisonment,

(bb)detained in a hospital, or

(cc)made the subject of a community sentence of at least 12 months.

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Amendments (Textual)

F37Sch. 3 paras. 92A-92V renumbered as Sch. 3 paras. 92B-92W (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(1)(h), {Sch. 21para. 62(3)}

[F3892W]An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if—E+W+S+N.I.

(a)where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;

(b)in any other case, the offender, in respect of the offence or finding, is or has been—

(i)sentenced to a term of imprisonment, or

(ii)detained in a hospital.]

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Amendments (Textual)

[F3992XAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—E+W+S+N.I.

(a)was 18 or over, and

(b)is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

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Amendments (Textual)

[F4092AAn offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—E+W+S+N.I.

(a)was 18 or over, and

(b)is sentenced in respect of the offence to imprisonment for a term of at least 2 years.]

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Amendments (Textual)

Service offencesE+W+S+N.I.

93(1)An offence under—E+W+S+N.I.

(a)section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b)section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(c)section 42 of the Naval Discipline Act 1957 (c. 53),

of which the corresponding civil offence (within the meaning of that Act) is an offence listed in any of paragraphs 1 to [F4135B].

(2)A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of F42. . . detention of at least 112 days.

[F43(3)In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.]

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Amendments (Textual)

F42Word in Sch. 3 para. 93(2) repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383(2), Sch. 16 para. 212(2)(a), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F43Sch. 3 para. 93(3) added (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 212(2)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F4493A(1)An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to [F4535B].E+W+S+N.I.

(2)A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to—

(a)being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or

(b)being sentenced to a term of service detention of at least 112 days.

(3)Section 48 of that Act (attempts, conspiracy, [F46encouragement and assistance] and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.]

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Amendments (Textual)

F44Sch. 3 para. 93A inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 212(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F45Word in Sch. 3 para. 93A(1) substituted for "35A" (E.W.N.I.) (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(5), Sch. 21 para. 62(5); S.I. 2010/816, art. 2, Sch. para. 20(a) (with transitional and saving provisions in art. 7)

Modifications etc. (not altering text)

GeneralE+W+S+N.I.

94A reference in a preceding paragraph to an offence includes—E+W+S+N.I.

(a)a reference to an attempt, conspiracy or incitement to commit that offence, and

(b)except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission of that offence.

[F4794AA reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.]E+W+S+N.I.

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Amendments (Textual)

95A reference in a preceding paragraph to a person’s age is—E+W+S+N.I.

(a)in the case of an indecent photograph, a reference to the person’s age when the photograph was taken;

(b)in any other case, a reference to his age at the time of the offence.

96In this Schedule “community sentence” has—E+W+S+N.I.

(a)in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and

(b)in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

97For the purposes of paragraphs 14, 44 and 78—E+W+S+N.I.

(a)a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time;

(b)section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) [F48and (8) to (10)] of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part.

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Amendments (Textual)

98A determination under paragraph 60 constitutes part of a person’s sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.E+W+S+N.I.

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